A big part of knowing how to properly pursue a foreclosure purchase in a certain area is understanding the local foreclosure laws and customs. The entire foreclosure process in a certain location is dependent on state law, and there are some significant distinctions you'll want to understand before getting involved in a sale. Make sure you read about the specific laws for each state regarding foreclosure sales so that there are no surprised and you know what to expect when pursuing a home.
One of the biggest differenced in state foreclosure laws is whether or not the process is overseen by the local court system or authorities. These are referred to as judicial foreclosures. Some states allow mortgages to contain a provision known as a Power of Sale clause, and this enables the lender to pursue a non-judicial foreclosure. Make sure you understand the differences between each. Generally, the judicial process may require more red tape, but that doesn't necessarily make it harder to buy a home. It's all about your preference.
Another big difference in local foreclosure law is the amount of time required between when a lender notifies a homeowner of a foreclosure and when the foreclosure sale takes place. In some states, like Texas and Georgia, this period can be as short as a few weeks, while in others, like New York, it can take up to a year. Researching foreclosure laws before beginning your search is always recommended.
Foreclosure Homes, Pre Foreclosures, Bankruptcies and Foreclosure Auctions
| State | Judicial | Non-Judicial |
|---|---|---|
| Alabama | • | • |
| Alaska | • | |
| Arizona | • | • |
| Arkansas | • | |
| California | • | |
| Colorado | • | |
| Connecticut | • | |
| Delaware | • | |
| Washington DC | • | |
| Florida | • | |
| Georgia | • | |
| Hawaii | • | |
| Idaho | • | |
| Illinois | • | |
| Indiana | • | |
| Iowa | • | |
| Kansas | • | |
| Kentucky | • | |
| Louisiana | • | |
| Maine | • | |
| Maryland | • | • |
| Massachusetts | • | |
| Michigan | • | • |
| Minnesota | • | |
| Mississippi | • | |
| Missouri | • |
| State | Judicial | Non-Judicial |
|---|---|---|
| Montana | • | |
| Nebraska | • | |
| Nevada | • | |
| New Hampshire | • | |
| New Jersey | • | |
| New Mexico | • | |
| New York | • | |
| North Carolina | • | |
| North Dakota | • | |
| Ohio | • | |
| Oklahoma | • | |
| Oregon | • | |
| Pennsylvania | • | |
| Rhode Island | • | |
| South Carolina | • | |
| South Dakota | • | • |
| Tennessee | • | |
| Texas | • | |
| Utah | • | |
| Vermont | • | |
| Virginia | • | |
| Washington | • | • |
| West Virginia | • | |
| Wisconsin | • | |
| Wyoming | • |
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» Continue Reading| National Overnight Averages | TODAY | +/- | Last Week |
|---|---|---|---|
| 30 Year Fixed Mortgage | 5.33 | + | 5.22 |
| 15 Year Fixed Mortgage | 4.97 | - | 5.05 |
| 5/1 ARM | 5.86 | + | 5.84 |
| 30 Year Fixed Jumbo Mortgage | 7.05 | + | 6.85 |
| 5/1 Jumbo ARM | 5.96 | + | 5.9 |